The Probate Lawyer Blogtag:typepad.com,2003:weblog-17839242015-04-08T09:08:00-04:00Famous Fortune Fights!
by Andy & Danielle MayorasTypePadCelebrity Legacies: Blurred Lines Surround Marvin Gaye Estatetag:typepad.com,2003:post-6a01053645c43a970b01b7c771d927970b2015-04-08T09:08:00-04:002015-04-08T09:08:00-04:00There's nothing like a hit song to keep heirs dancing down the road to the bank -- even when that song wasn't written, composed, or sung by the celebrity singer who died. The heirs of Marvin Gaye hit it big with a judgment against Robin Thicke and Pharrell Williams for copyright infringement based on their chart-topping song Blurred Lines ... but will the victory stand up on appeal? And what exactly does this mean for the Marvin Gaye Estate? This is installment #13 of our Estate Planning Lessons From The Stars series, which is based on the Celebrity Legacies TV...Danielle & Andy

There's nothing like a hit song to keep heirs dancing down the road to the bank -- even when that song wasn't written, composed, or sung by the celebrity singer who died.

The heirs of Marvin Gaye hit it big with a judgment against Robin Thicke and Pharrell Williams for copyright infringement based on their chart-topping song Blurred Lines ... but will the victory stand up on appeal? And what exactly does this mean for the Marvin Gaye Estate?

This is installment #13 of our Estate Planning Lessons From The Stars series, which is based on the Celebrity Legacies TV show for which we provide commentary as the estate legal experts. See other articles in the series here.

Marvin Gaye was shot and killed by his own father in 1984, at only 44 years of age. He left behind a golden musical legacy as the Prince of Soul, featuring three #1 songs in three separate decades.

Gaye's father was sentenced to only six months in jail, with a suspended sentence, for the crime. Many decried this as too lenient, but others -- including one of Gaye's own sisters -- felt this was more of a suicide than murder. The tragedy happened after Marvin Gaye gave the gun to his father and provoked him before the fatal shot. Gaye battled depression and drug-addiction for years before his death.

Because of Gaye's lavish spending and failure to pay taxes, his estate was buried in a mountain of debt -- to the tune of more than nine million dollars. Without a will, and a large host of creditors, the fate of Marvin Gaye's financial legacy was left to a court-appointed bankruptcy attorney to try to salvage.

And salvage it, he did. With savvy marketing of Gaye's song royalties, image rights, and even the official rights to produce his life story, the executor of the Marvin Gaye estate paid off the debts and accumulated several million dollars' worth of assets. Gaye's three children, as the heirs under intestate law, reaped the benefits.

But Marvin Gaye's children did not rest on their laurels. Upset with how much the hit song Blurred Lines, by Pharrell Williams and Robin Thicke, mirrored their father's 1977 song Got To Give It Up, the Gaye heirs battled the famous singers to trial in a copyright lawsuit. In March of 2015, the jury handed down a $7.4 verdict against Thicke and Williams but let rapper T.I. -- also featured on the song -- off the hook.

The jury found that Blurred Lines improperly infringed upon the Marvin Gaye classic, causing four million dollars in copyright damages. Based on the $16 million in profits earned from the song, the jury verdict also included another $3.4 million against Williams and Thicke from their personal share of the profits.

The attorney for the pair promised to explore every legal remedy available to challenge the verdict -- which suggests an appeal is imminent. The attorneys for the Marvin Gaye family feel confident that the judgment will survive an appeal because they convinced the jury that the song infringed on the copyright, despite the fact the judge did not allow them to play then entire Got To Give It Up song for the jury.

Specifically, Gaye's children only inherited the sheet music composition -- meaning the songwriting portion of the rights -- not the performance rights. These rights were directly passed to them through federal law, while the performance rights remain under the control of the executor of the Marvin Gaye estate, whom did not join in the lawsuit. Without the performance rights under their control, the heirs were only permitted to proceed based on the written sheet music, bolstered by testimony from music industry experts.

Even though the Gaye family's legal team felt hamstrung by this legal ruling before trial started, they still convinced the jury to go their way. This means that the Marvin Gaye heirs won because the jury felt, as a factual matter, one song impermissibly copied the other.

Appeals rarely succeed after juries resolve factual disputes, such as this one. Instead they usually require a legal error to trigger a reversal or new trial. The lawyers for Thicke and Williams will have a tough time showing this type of error, considering the judge sided with them as to the important preliminary legal battle before trial began.

In the end, the Marvin Gaye heirs were lucky. If they had full control over all of their late father's rights, then they could have played recordings of Marvin Gaye signing the full song and let the jury hear the similarities compared to the Thicke/Farrell-performed song.

Plus, the heirs may have been able to receive some of the performance profits that Thicke and Farrell earned from concert tours and other performances. Considering the reported $11 million earned in touring income generated by Blurred Lines, this would have made the Gaye heirs' victory even bigger.

It's too bad that Marvin Gaye never took the time to make out even a basic will to protect the loved ones he left behind. If he had, he could have hand-selected one or more executors that he trusted to control his rights and his legacy, to benefit his heirs. Then his loved ones could have pursued the full claim through trial, not simply the limited claimed based on songwriting but not performance rights.

Of course, it would be hard for his children to complain too much about this, considering that those in charge of Marvin Gaye's estate engineered the massive financial turn-around even before this recent court victory. But there is no doubt that good luck played a large role in that and the jury verdict as well. The heirs' financial windfalls certainly were not helped along by Marvin Gaye's decision to avoid preparing a will, trust, or other estate planning documents.

Celebrity Legacies is a documentary series airing on the Reelz cable channel featuring Danielle and Andy Mayoras and other experts. The popular TV show explores the lives, legacies, and estates of a different celebrity each episode. Click here for upcoming show times.

Using Celebrity Stories Is A Great Way To Bring Up Estate Planningtag:typepad.com,2003:post-6a01053645c43a970b01bb07a1e5b6970d2014-10-27T14:00:00-04:002014-10-29T14:01:18-04:00MarketWatch.com recently featured an interesting article about the benefits that families gain by having the estate planning conversation early. Not only does it improve family relationships, it helps sets the stage and prepares family members for facing the difficult issues caused by a loved one who ages or passes away. The article noted how a UBS Wealth Management study recently found that only 43% of affluent Americans felt that having this conversation with their heirs was a pressing issue. That’s surprising because experts predict that between now and the year 2050, the largest wealth transfer in U.S. history will occur:...Danielle & Andy

MarketWatch.com recently featured an interesting article about the benefits that families gain by having the estate planning conversation early. Not only does it improve family relationships, it helps sets the stage and prepares family members for facing the difficult issues caused by a loved one who ages or passes away.

The article noted how a UBS Wealth Management study recently found that only 43% of affluent Americans felt that having this conversation with their heirs was a pressing issue. That’s surprising because experts predict that between now and the year 2050, the largest wealth transfer in U.S. history will occur: a whopping 30 trillion dollars.

The problem is that having this conversation is seldom easy. Who wants to sit around talking about legal and financial planning for when someone dies or becomes incapacitated? Most family members are too busy with the stress of their daily work and personal routines to worry about talking to loved ones about death and dying.

While the MarketWatch article includes a couple suggestions, there is one more that we are huge proponents of: using celebrity stories. Instead of awkwardly beginning the conversation by asking your loved ones to consider what will happen when you pass away, why not bring up Robin Williams, Joan Rivers, Princess Diana, or even Elvis? These are all celebrities we have recently written about here at Trial & Heirs.

These are great ways to bring up the difficult concept in a non-invasive, non-threatening way. “Did you hear about what happened to Tom Clancy’s heirs?” is a much easier way to broach the subject than, “Want to talk about who gets my stuff after I die?”

After having a friendly conversation about the latest with your loved one’s favorite celebrity, then it’s a simple matter to turn the conversation back to your own situation and mention — “I don’t want that to happen to our family! That’s why I recently updated my will and trust.” Using this transition, it’s easy to talk about the important stuff.

Lack of communication is one of the biggest factors that sparks a family fight after a loved one dies or becomes disabled. Why not lay this concern to rest in your family, sooner rather than later, and have the estate planning conversation. We have hundreds of stories you can use to get started at Trial And Heirs.

And, if you ever find yourself in the middle of a dispute after the death of a loved one, talk to an experienced probate litigation attorney before it's too late.

Jim Morrison's Estate And Legacy Marred By Probate Fightstag:typepad.com,2003:post-6a01053645c43a970b01b7c6cb543e970b2014-08-13T09:41:14-04:002014-08-13T09:42:31-04:00Who opened the door to battles over the Jim Morrison Estate? Who won ... and what did they win when the dust settled? And does drinking your loved one's blood constitute a valid marriage ceremony? This is installment #2 of our weekly Estate Planning Lessons From The Stars series, which is based on the Celebrity Legacies TV show for which we provide commentary as the estate legal experts. See other articles in the series here. Legendary Doors singer Jim Morrison died young at just 27 years of age, in 1971, from a heroin overdose. While his estate had limited cash...Danielle & Andy

Who opened the door to battles over the Jim Morrison Estate? Who won ... and what did they win when the dust settled? And does drinking your loved one's blood constitute a valid marriage ceremony?

This is installment #2 of our weekly Estate Planning Lessons From The Stars series, which is based on the Celebrity Legacies TV show for which we provide commentary as the estate legal experts. See other articles in the series here.

Legendary Doors singer Jim Morrison died young at just 27 years of age, in 1971, from a heroin overdose. While his estate had limited cash when Morrison died, the assets in his estate became worth around $80 million.

Jim Morrison's Estate

Despite his young age, hard-partying lifestyle, and free spirit, Jim Morrison took some steps to protect his estate ... sort of. Two years before he died, Morrison created a will. It was a simplistic and poorly-drafted will, but a valid will nonetheless.

At least, it appeared to be valid initially. It left everything to his long-time girlfriend, Pamela Courson. The will provided that if she failed to survive Morrison by three months, then his assets would pass to his brother and sister. Even though Courson did survive Morrison by more than three months, she was never able to enjoy the inheritance.

After Jim Morrison died, his estate was tied up in probate court. Dozens of women came forward with paternity claims. To make it worse, the three other members of The Doors also sued, seeking a bigger share of royalties from The Doors.

Courson received a modest allowance to live on during the probate proceedings, but it wasn't enough to support her lifestyle, or even pay for Morrison's funeral. She was a known heroin addict, and according to some, Courson turned to prostitution because she was so desperate for money.

Then Courson died only three years after Morrison -- also from a heroin overdose and also at age 27. Because she died without a will, the Jim Morrison fortune would pass to her heirs under intestate law. That means Courson's parents stood to inherit the entire Jim Morrison legacy.

So Jim Morrison's parents lit a fire on another round of litigation, attacking Morrison's will and fighting about whether the common-law marriage to Courson was legitimate.

It was a valid question, for two reasons. One, the marriage certificate was from Colorado was unsigned. California, where they lived, did not recognize common-law marriages.

Second, Morrison had, only a year before, gone through a prior wedding ceremony with another girlfriend, Patricia Kennealy. Unlike the relationship with Courson, Morrison sealed the deal with Kennealy by undergoing a pagan marriage ritual that involved walking over fire and drinking each other's blood.

Despite this extraordinary level of commitment, the probate court eventually determined that Morrison's marriage to Courson was valid, despite his exchange of blood with Patricia Kennealy. How is that justice?!?

And still the fighting continued. Courson's parents not only had to prove she was legally married to Morrison, they also had to defend against the will contest brought by Morrison's parents. The parents of the late Doors frontman claimed his will was invalid, questioning whether he was incompetent when he wrote it, due to the influence of narcotics.

In the end, the Morrison war ended with an out-of-court settlement. Reportedly, they split everything 50/50. But it was the Coursons who walked away with the all-important rights to control and manage and control Morrison's music, royalties, and image.

And what about the alternate beneficiaries -- Morrison's brother and sister? They received nothing, because of the three-month clause. Would Morrison really have wanted them to be left out, in favor of two sets of parents he didn't like?

Probably not! Mr. Courson reportedly disliked Jim Morrison, did not approve of his daughter's relationship with the singer, and even blamed Morrison for Courson's death. And Morrison's parents were not exactly close to him before he died, either. Morrison's dad felt his rock-star son had a "complete lack of talent" in music and should have chosen a different career. Morrison publicly claimed that his parents were dead.

The lesson from this saga (for Doors fans and non-Doors fans alike): A simple will is usually not enough. While it is very unusual for a will done by a 27-year old to be challenged on the basis of incapacity, it is almost always easier for disgruntled family members to challenge the validity of a simple will, rather than a trust done by an experienced estate planning attorney.

Wills have to pass through probate court, which often lead to complications, delays, and extra fighting -- as Pamela Courson learned. Overly-simplistic wills, unlike well-drafted trusts, often fail to address the many "what-ifs" that can occur when someone dies. Such as, what if Courson was to survive Morrison for three years, but not long enough for the estate to be distributed -- who would Morrison have wanted to inherit his money then? Questions such as this can easily be addressed in a proper trust.

You don't need to be worth $80 million to follow this advice! Almost everyone with assets of significance should take the time to meet with an experienced estate planning attorney to find out if a trust is right for them. This can give you the piece of mind that the people whom you want to receive your assets will do so, in the way you want, instead of allowing your wishes to be derailed by probate court complications.

If you want your heirs to "break on through to the other side" of probate drama, meet with an experienced estate planning attorney to do the proper estate planning.

Celebrity Legacies is a documentary series airing on the Reelz cable channel, Tuesday nights at 10 p.m. and Sundays afternoons, featuring Danielle and Andy Mayoras and other experts, to explore the lives, legacies, and estates of a different celebrity each week.

Celebrity Legacies TV Show Premieres With James Gandolfinitag:typepad.com,2003:post-6a01053645c43a970b01a3fd44eeb3970b2014-08-10T15:03:00-04:002014-08-10T15:03:00-04:00We all know about the estates of Michael Jackson and Anna Nicole Smith, right? But what about Elizabeth Taylor, John Lennon, Marilyn Monroe, Heath Ledger, Elvis Presley, and John F. Kennedy, Jr.? Last week, the Reelz Channel premiered a new television series called Celebrity Legacies. The documentary series explores a different celebrity each week, discussing their legacies, estates, and what they left behind: Feuding heirs? Mounting debt? Or a golden legacy glittered with fame and fortune? The premiere episode delved into James Gandolfini. The late Soprano’s star died shockingly in 2013, leaving behind two young children — from two different...Danielle & Andy

We all know about the estates of Michael Jackson and Anna Nicole Smith, right? But what about Elizabeth Taylor, John Lennon, Marilyn Monroe, Heath Ledger, Elvis Presley, and John F. Kennedy, Jr.? Last week, the Reelz Channel premiered a new television series called Celebrity Legacies.

The documentary series explores a different celebrity each week, discussing their legacies, estates, and what they left behind: Feuding heirs? Mounting debt? Or a golden legacy glittered with fame and fortune?

The premiere episode delved into James Gandolfini. The late Soprano’s star died shockingly in 2013, leaving behind two young children — from two different marriages — and an estate plan that was, well, not exactly perfect.

We appear on each of the 26 episodes of Celebrity Legacies, providing legal and financial commentary and analysis. On the premiere, we talked about how James Gandolfini’s will was initially done as a Band-Aid measure, after his daughter was born. Instead of using a revocable living trust to keep his affairs private and outside of probate court, Gandolfini relied primarily on his will.

That means his family was subjected to media scrutiny over his estate. Wills must pass through probate court (called Surrogate’s Court in New York), which means they are more expensive, stressful, and prone to family fighting than when legacies are protected through revocable living trusts. This is especially risky when there are children from two different marriages involved.

In Gandolfini’s case, we learned how his estate (estimated between $70 million and $80 million) was divided among his family members and others close to him, but he did not properly address his Italian property or think through whether his children would be ready to inherit millions of dollars when they are in their early twenties. His daughter, for example, will receive 20% of the balance of his assets that pass through probate court at the young age of 21. What if she’s not mature enough to handle it? It doesn’t matter; that’s what the will says, so that’s when she gets the money.

While we always like talking about celebrity legacies and estates, celebrity estate stories can be used to educate people (including families and financial professionals) about how celebrity errors can help them protect their heirs. Many people mistakenly believe that estates of the rich and famous could never relate to them. In reality, we see the very same mistakes that celebrities make with their estate planning with regular families — often ending up in the exact same type of estate court battles — on a regular basis.

Celebrity Legacies Premiers James Gandolfini

So, each week when an episode of Celebrity Legacies airs, we will share our thoughts about the lessons that you can learn from each featured celebrity estate. These are great conversation starters to share with stubborn loved ones who may be reluctant to do their estate planning, or — for financial and legal professionals — opportune times to spark new dialogues with clients and prospects to help them.

What can you learn from Gandolfini’s Estate (even if you don’t have 70 million dollars)? Gandolfini was only 51 years old. He started his estate plan before he left for vacation, intending to complete it later. Six months passed by and he never completed his planning. Then, tragically, Gandolfini suffered a sudden heart attack while in Italy with his son. His incomplete estate planning led to the complications, publicity, and estate taxes that he could have (and should have) avoided.

Far too many people make the mistake of thinking they can worry about wills, trusts, and other estate planning documents down the road. Why wait until someday? Gandolfini’s heirs would have been much better off if he had completed his estate planning the right way and not procrastinated.

Does this seem obvious? For too many people, it’s not. In fact, studies show that as many as two-thirds of adults in our country don’t even have a simple will. So Gandolfini was actually ahead of the curve, even though his planning left much to be desired.

Trial and Heirs Top Tips For The New Yeartag:typepad.com,2003:post-6a01053645c43a970b01a510778778970c2014-01-03T09:40:00-05:002014-06-12T11:31:52-04:00It's the beginning of the year, which means that we all have well-intended New Year's resolutions. The diet, the exercise regimen, saving money...and finally doing our estate and financial planning. The celebrity stories in Trial & Heirs: Famous Fortune Fights! can help motivate you to actually do your planning in 2014. Really! Here are some of our easy-to-use tips for the new year: 1. Get your financial affairs organized in 2014. Create an "asset" list, including the account numbers, names of financial institutions, and related information for your insurance, stocks, bonds, CDs, securities, bank accounts and other investments. 2. Store...Danielle & Andy

It's the beginning of the year, which means that we all have well-intended New Year's resolutions. The diet, the exercise regimen, saving money...and finally doing our estate and financial planning. The celebrity stories in Trial & Heirs: Famous Fortune Fights! can help motivate you to actually do your planning in 2014. Really!

2. Store your asset list and your estate planning documents in a fireproof box, safe, or safety deposit box. Remember to make sure that your loved ones can find and access these documents! We have an Estate Planning Organizer to help you with this. Just email us at contact@trialandheirs.com if you want to learn more.

3. Review and update your estate planning documents and your financial plan with your professionals in 2014, especially if you haven't done so in the last few years or if you've experienced any life events, such as the birth of a child or a divorce.

4. If you have a revocable living trust, work with your estate planning team to ensure that your investments, insurance, and other assets are properly titled into your trust. If this isn't done, then the trust doesn't do you much good!

5. Have the conversation with your lovedones about their estate planning. Remind them how important it is to have power of attorneys, a will, and for most people, a trust. The celebrity stories in Trial & Heirs are a great way to get this conversation started!

Feel free to share these New Years resolutions with your family members, loved ones, clients and prospects to help motivate them to get their estate planning in order!

Access Hollywood Explores Britney Spears Conservatorship tag:typepad.com,2003:post-6a01053645c43a970b019b04606192970d2013-12-30T10:36:00-05:002014-01-07T10:40:35-05:00Access Hollywood featured a segment about the Britney Spears Conservatorship. The show examined how the successful entertainer can headline a new multi-million dollar Las Vegas show and mentor young singers as an X Factor Judge, yet not be deemed competent enough to manage her basic life decisions like food, clothing and shelter. Danielle and Andy Mayoras of Trial & Heirs served as experts for the segment. After watching the segment, what do you think? Does Britney Spears still need the protection of a conservator — almost six years after the legal proceeding started — or is this all about the...Danielle & Andy

Access Hollywood featured a segment about the Britney Spears Conservatorship. The show examined how the successful entertainer can headline a new multi-million dollar Las Vegas show and mentor young singers as an X Factor Judge, yet not be deemed competent enough to manage her basic life decisions like food, clothing and shelter.

Danielle and Andy Mayoras of Trial & Heirs served as experts for the segment. After watching the segment, what do you think? Does Britney Spears still need the protection of a conservator — almost six years after the legal proceeding started — or is this all about the money? Watch Access Hollywood‘s segment on the Britney Spears Conservatorship:

Help For Families With Will Contests And Other Probate Disputestag:typepad.com,2003:post-6a01053645c43a970b0191043263dc970c2013-07-08T15:10:00-04:002013-07-12T15:11:54-04:00Do you know a family who is arguing over an estate after a loved one has passed away? Whether it's someone facing a possible probate court battle, wondering about contesting a will, or confused over how a family trust is being handled, finding an early solution before fighting erupts is critical. Through the years, Danielle and Andy Mayoras have worked with too many families embroiled in estate and probate conflicts to count. As a result, they've started a new project based on their commitment to help families find resolutions outside of probate court and without spending money on attorneys. Danielle...Danielle & Andy

Do you know a family who is arguing over an estate after a loved one
has passed away? Whether it's someone facing a possible probate court
battle, wondering about contesting a will, or confused over how a family
trust is being handled, finding an early solution before fighting
erupts is critical.

Through the years, Danielle and Andy Mayoras
have worked with too many families embroiled in estate and probate
conflicts to count. As a result, they've started a new project based on
their commitment to help families find resolutions outside of probate
court and without spending money on attorneys.

Danielle and Andy are authors of Trial & Heirs: Famous Fortune Fights!,
which uses true stories of celebrity estate errors to teach people how
to protect their heirs. As Forbes contributors, Danielle and Andy
regularly analyze celebrity stories to provide lessons for families
across the country.

The husband-and-wife duo now wants to combine
their legal expertise to help select families even more. Danielle is an
estate planning and elder law attorney who has counseled families for
years to avoid probate and estate conflict. Andy is a probate
litigation attorney, who regularly represents families already in
conflict over will dispute cases, estate disputes, trusts, and other
probate disputes, through litigation, mediation, and arbitration.

Hear More About Our Probate Dispute Project

Danielle
and Andy hope to help those families who are beginning to experience a
will contest or other probate dispute after a loved one has passed away.
Their goal is to help families resolve their differences, before
incurring expensive legal fees and court costs. Because they are
launching their project in a pilot version, they will help select
families at no cost, for a limited time only. Beyond free legal advice,
Danielle and Andy pledge to help mediate select family probate
conflicts!

If you know someone who would benefit from Danielle and
Andy's complimentary consulting services to help resolve probate
related conflicts, email them at contact@trialandheirs.com. They will
be working with a limited number of families, so interested families
should contact them soon. The available slots are expected to fill-up
quickly. Danielle and Andy will keep all information and conversations
strictly confidential.

This is a limited-time project, so don't
delay! Let Danielle & Andy help keep your family out of an
expensive, bitter, and often devastating probate court battle before
it's too late.